Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-10-18
WILL DECIDE TO-DAY.
vIRGINIA's HABBAs CORPUS CASES IN
THE SUPREME COURT.
The Question Of Bail and Fixing
Time-Hr. Chamberlain and
Mr.. Tucker.
lsreeIal telegram to.tho Dispatch.

room was crowded and large number
OF people were standing in the vicinity
Of the doors. After the transaction of
some unimportant routine business So
iicitor-Genoral links presented to the
Court the return of the United States
Marshal for the Eastern district OF Vir
Plnia TO the writs OF h0bc0s corpus in
the cases Of Attorney-General Ayers
end Commonwealth 5. Attorneys Scott
and McCabe, and announced that the
Marshal was present in the courtroom
with the bodies of the prisoners in
obedience to tho writs.
Mr.. William w. Gordon, OF counsel
for the prisoners, moved that day be
fixed for argument Of questions pre-
sentCd 10y these cases, and that the
prisoners be mean while admitted to
bail.
The Chief Justice asked care you
ready for argument?"
Mr. Gordon replied that they were
not that the cases involved number
of constitutional questions Of very
grave importance that he himself hal
not been present ct the hearing in the
court below, and that he would like
time for preparation.
Ex-Governor ID. II. Chamberlain, OF
counsel for the bondholders, opposed
the motion for the admission OF the
prisoners to bail and deprecated the
postponcment Of argument. He said
he did not think these gentlemen
should come here complaining that
they were languishipg i'll prison and
ask that a hearing Of their cases he
postponed for two or three months and
that they mean while be admitted to
bail. They ought, he said, to be eager
for n hearing and as ready for it rs
counsel on the other side. The cases
had been very carefully and thoroughly
argued in the court below, and counsel
for the prisoners ought to be familiar
with them.
"These gentlemen, no said, "who
have taken the very serious steps OF de-
flying the authority OF the United States
Circuit Court must DO as well prepared
as am. / am ready TO argue these
cases at this moment. The only ques-
ton presented is tho jurisdiction of the
Circuit Court. My friend Mr.. Cor
dom has spoken of other important
questions, but / do not know what they
are. It is simply n question whether
the court had jurisdic;iQp and whether
the commitment was regular"
He said the presumption was that
the court did have jurisdiction, and
that in committing the prisoners it was
only defending and asserting It's right
iul authority. The counsel on the
o,hcr side ought to be ready and eager
to argue this question, but instead OF
that they suggest some three months
delay and ask that in mean time the
prisoners be allowed to go at large.
It is not consistent concluded Mr..
Chamberlain, "that these gentlemen
after defying the authority OF n United
States Circuit Court and openly avOw-
ing such defiance should come here and
ask for bail and for delay. They ought
to be ready to answer now and without
lail."
Chief-Justice Waite Ito clerk of
COURT: "Is the record of these cases
printed?"
Clerk "No, sir.
Chief Justice How soon can it be
printed ?"
Clerk: "In a couple OF days"
Mr.. j. Randolph Tucker then briefly
addressed the court in support of the
motion for the admission OF the prison
els TO bail and request for time to
prepare argument. Ho said he had
only within a few days been called
into these cases as counsel for
the State of Virginia, and that he
must ask reasonable time for prepa-
ration. The arrest and imprisonment
OF these gentlemen raised "A very grave
and important question relating to the
construction OF the Constitution, and
be hoped the Court would keep in CON
sidcl0tion the interest which the State
of Virginia has in this matter, which
relates to the orderly administration of
her affairs. Tho prisoners were ser
wants Of the State and had been en-
gagged i'll what was regarded as the
faithful discharge of their duties to the
State. 1t was a case of too much mag
nltude to be forced to a hearing re-
eardlcss of public interests. As for
the question of bail, he would only say
that these gentlemen were officers OF
the Commonwealth charged with very
important duties, and that all they
asked was to be allowed to discharge
those duties.
Mr.. Chamberlain then said that he
lad Just learned from counsel asso-
GATED with him that there WAS some
sort of an understanding with the cOun-
sci Oh the other side that they should
not be unreasonsbly pressed. He
would not therefore oppose a reasona-
BE allowance of time Tor preparation,
but must continue to insist that the
prisoners should remain in custody.
hief Justice Waite :" AS the prison
re1s are now within the jurisdiction of
this Court they will be turned over to
its marshal in accordance with the
Il. ual course of procedure, and will be
held in his custody until tomorrow,
when the Court will announce its de
cision upon the questions OF admission
Ia bail and time for argument.
| am informed that Mr.. Conkling's
acceptance was based distinctly on the
Courts granting sufficient time in
which to make his preparation. 1t is
thought that the request Of Mr.. Cor
don Tor "a hearing on the 10Th OF Jan
nary will be granted, and that that will
afford MIR. Conkling all the time he
will require.
This ended the proceedings in the
cases for the day. 1t is the opinion OF
the prisoners counsel and Of many
others not connected with the cases
that the prisoners will be admitted to
bail, and that a satisfactory arrange
ment will be reached with regard to the
time for hearing argument upon the
question at issue.
Another Game for Detroit.
fby telegraph 10 tho Dispatch.l
DIR, .nprpuTA Pa OctOber IL